Islamic Imperial Law
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Islamic Imperial Law
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Author : Benjamin Jokisch
language : en
Publisher: Walter de Gruyter
Release Date : 2011-12-01
Islamic Imperial Law written by Benjamin Jokisch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-01 with Religion categories.
Die bisherige Forschung geht davon aus, dass das islamische Recht von unabhängigen Juristen entwickelt wurde. Dabei sind mitunter Einflüsse aus fremden Rechtssystemen eingeräumt worden, doch eine gezielte Rezeption galt stets als ausgeschlossen. In einer Vergleichsanalyse, die auf der Prämisse einer massiven Interaktion der Kulturen in jener Zeit basiert, lässt sich nun nachweisen, dass das erste monumentale Rechtswerk im Islam, die Zāhir ar-riwāya des Šaybānī, strukturell und inhaltlich auf dem Rhēton beruht – einer griechischen Version jenes Regelwerkes, das später in Europa als Corpus Iuris Civilis Verbreitung fand. Inspiriert durch die byzantinische Reichsrechtsidee kodifizierten muslimische Staatsjuristen in Bagdad das islamische „Reichsrecht“, das aber angesichts der Opposition frommer Überlieferer durch Traditionen legitimiert werden musste. Nachdem sich das Reichsrecht in weiten Teilen des Kalifats etabliert hatte, bewirkte der revolutionäre Triumph der Orthodoxie Mitte des 9. Jahrhunderts dessen Übergang in ein Juristenrecht, das nun in den Händen unabhängiger Gelehrter lag.
Law Empire And The Sultan
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Author : Samy Ayoub
language : en
Publisher:
Release Date : 2019-12-13
Law Empire And The Sultan written by Samy Ayoub and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-13 with Law categories.
This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.
Law And Empire
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Author :
language : en
Publisher: BRILL
Release Date : 2013-08-15
Law And Empire written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-15 with Political Science categories.
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
Origin And Development Of Islamic Law
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Author : Majid Khadduri
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2008
Origin And Development Of Islamic Law written by Majid Khadduri and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Islamic law categories.
The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.
A History Of Islamic Law
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Author : N. J. Coulson
language : en
Publisher: AldineTransaction
Release Date : 2011
A History Of Islamic Law written by N. J. Coulson and has been published by AldineTransaction this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Religion categories.
The classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.
Islamic Law In The Indian Ocean World
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Author : Mahmood Kooria
language : en
Publisher: Routledge
Release Date : 2021-09-23
Islamic Law In The Indian Ocean World written by Mahmood Kooria and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Social Science categories.
This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
Sharie A In The Russian Empire
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Author : Paolo Sartori
language : en
Publisher: Edinburgh University Press
Release Date : 2020-01-07
Sharie A In The Russian Empire written by Paolo Sartori and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-07 with History categories.
This book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million. It focuses on the training of Russian Muslim jurists, the debates over legal authority within Muslim communities and the relationship between Islamic law and 'customary' law. Based upon difficult to access sources written in a variety of languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), it offers scholars of Russian history, Islamic history and colonial history an account of Islamic law in Russia of the same quality and detail as the scholarship currently available on Islam in the British and French colonial empires.
Custom In Islamic Law And Legal Theory
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Author : Ayman Shabana
language : en
Publisher: Springer
Release Date : 2010-11-14
Custom In Islamic Law And Legal Theory written by Ayman Shabana and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-14 with Religion categories.
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Ebu S Su Ud
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Author : Colin Imber
language : en
Publisher: Edinburgh University Press
Release Date : 2019-07-31
Ebu S Su Ud written by Colin Imber and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-31 with Religion categories.
The Jurist Ebu's-su`ud (c1490-1574) occupies a key position in the history of Islamic Law. He was a scholar who, for forty years, occupied successfully the senior judicial positions in the Ottoman Empire. Confronting the problem of reconciling classical Islamic jurisprudence with the day-to-day legal needs of an empire, he earned an enduring reputation as the jurist who harmonised the Holy Law of Islam with secular practice. The book examines the substance of this reputation by showing, through Ebu's-su`ud's writings, how he adapted classical Islamic legal doctrine to contemporary needs.
Islamic Law And Empire In Ottoman Cairo
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Author : James E. Baldwin
language : en
Publisher: Edinburgh University Press
Release Date : 2016-12-05
Islamic Law And Empire In Ottoman Cairo written by James E. Baldwin and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Social Science categories.
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents